NOTICE ***************************************************************** ******** NOTICE ***************************************************************** ******** This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** Federal Communications Commission DA 96-1006 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) MM Docket No. 96-69 ) KXSA Radio, Inc. ) ) Licensee of Station KGPL(AM) ) Dermott, Arkansas ) ) Order to Show Cause Why the ) License for Station KGPL(AM) ) Dermott, Arkansas ) Should Not Be Revoked ) ORDER Adopted: June 11, 1996 Released: By the Chief, Mass Media Bureau: 1. This proceeding began on April 1, 1996, when the Mass Media Bureau, by delegated authority, released its Order to Show Cause and Hearing Designation Order, DA 96-465 ("HDO"). The HDO ordered KXSA Radio, Inc. ("KXSA Radio") to show cause why the license for KGPL(AM) Dermott, Arkansas should not be revoked. The HDO specified issues to determine whether KXSA Radio has the capability and intent to expeditiously resume broadcast operations of KGPL(AM); to determine whether KXSA Radio violated Sections 73.1740 (Minimum Operating Schedule) and/or 73.1750 (Discontinuance of Operation) of the Commission's Rules; and to determine whether, in light of the evidence adduced, KXSA Radio possesses the requisite qualifications to remain a Commission licensee. 2. By Order, FCC 96M-117, released May 15, 1996, Administrative Law Judge John M. Frysiak terminated the hearing proceeding because KXSA Radio failed to file the requisite notice of appearance. Pursuant to Section 1.92 of the Commission's Rules, the Judge also certified the case to the Commission. 3. The Commission's records indicate that KGPL(AM) has been off the air since December 29, 1993, and off the air without authority since September 5, 1995. In light of the foregoing, we conclude that KXSA Radio has no intent to resume broadcast operations and has violated Sections 73.1740 and 73.1750 of the Commission's Rules. We therefore further conclude that KXSA Radio is not qualified to remain the licensee of Station KGPL(AM). Although the HDO included a Notice of Apparent Liability for willful or repeated violations of Commission rules, because of the action taken herein, no forfeiture is being imposed. 4. Accordingly, IT IS ORDERED, that the license of KXSA Radio, Inc. for KGPL(AM), Dermott, Arkansas, IS REVOKED. 5. IT IS FURTHER ORDERED, that the call sign for Station KGPL(AM) is hereby DELETED. 6. IT IS FURTHER ORDERED, that this proceeding IS TERMINATED. 7. IT IS FURTHER ORDERED, that a copy of this Order shall be sent by certified Mail - Return Receipt Requested to KXSA Radio. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau